Domestic Violence Division Order of Protection Pro Bono Representation Training 2011

1. Domestic Violence Division Order of Protection Pro Bono Representation Training2011 Leslie Landis, J.D. Court Administrator Domestic Violence Division

2. Domestic Violence Division • Created in 2010---combines criminal and civil OP related matters within one division. • 555 West Harrison Street • 50 to 60 pro se petitioners a week • On site resources insufficient to meet volume of need • February 2011---pro bono program

3. IDVA PurposeSafety & Accountability • Support efforts of victims to avoid further abuse by promptly entering and diligently enforcing court orders which prohibit abuse and • when necessary, reduce the abuser’s access to the victim and • address any related issues of child custody and economic support so that victims are not trapped in abusive situations by fear of retaliation, loss of a child, financial dependence or loss of accessible housing or services

4. IDVA Intent • Address the full dynamics of domestic violence illustrated by the Power and Control Wheel Handout • Illustrates a pattern of behavior not limited to a violence incident. • Risk factors have been identified by looking at the history and the intersections of these behaviors

5. Basics on the IDVA • OP tool for safety • Prohibits current abuse and prevents future abuse • Recognizes a large range of relationships • Recognizes that many acts of DV are crimes • Provides for exparte/emergency OP intended to address the risk associated with disclosure of abuse.

6. Domestic Violence Court • Range of relationships and abuse experience is wide at DV court. • Victims can petition for an OP in both criminal and civil cases • Pro bono lawyers will be assisting those who are seeking independent OPs • OPs can start here and get transferred to domestic relations or juvenile courts • Victims with police reports are interviewed by the State’s Attorney’s Office for possible criminal charges when no arrest has been made.

7. Orders of Protection All OPs ( civil & criminal) use the same pleadings • Pleadings and orders are forms • Today, we will cover some of the provisions of the IDVA and then apply this information to pleading examples. • Three kinds of OPs Emergency Interim Plenary

8. Emergency Order Of Protection • Granted exparte (requires illustration of why) • Remedies are limited due to lack of service • Lasts 21 days but can be extended (often is due to lack of service) At DV court----walk in victims linked to lawyers for assistance for EOPs, same day interview, pleading prep and hearing.

9. Plenary Order of Protection • Final order; must have service • Can last up to 2 years • Can last till modified if granted as part of a divorce • Can last for 2 years beyond a jail term if granted as part of a criminal case DV Court---many victims get EOPs and do not follow thru for plenary; lawyers will accompany petitioner on the return date for the plenary

10. Who can Petition for an OP A person who has been the victim of abuse at the hands of a family or household member Abuse (Power and Control wheel) • Physical abuse • Harassment (specific examples repeatedly calling, following, threats of force, confinement, restraint) • Intimidation of dependent (subjecting another who is dependent to participate or witness abuse of another) • Interference with personal liberty (compel another to engage in conduct or refrain from conduct against will) • Willful deprivation (depriving a dependent of necessities which expose them to risk of harm) Family • Persons who have or had a dating relationship • Spouses and Ex-spouses • People who have or allegedly have a child together (in common) • Parents and adult children • Siblings • “Step” relationships • People who are related by blood or marriage • People who share or allegedly share a blood relationship thru a child Household members • People who live together, or have lived together in the past, regardless of the nature of the relationship • Could be roommates, could be an intimate partner. • Caretakers for a disabled victim Third party Petitioners • any person on behalf of and abused person who because of age, health or disability cannot file

11. Emergency • Fewer remedies because exparte • why emergency: Not required to have physical manifestations Harm seeking to prevent would likely occur with notice DV Court----if more than a week transpired what caused the delay---why now?

12. Who can be protected? • Victim • Children of victim • Other family or household members • People employed by victim’s home like babysitter

13. EOP Remedies • Prohibit abuse (full definition) • Exclusive Possession of residence (balance) • Prohibit entrance to residence under influence • Stay Away (no contact or specific addresses) • Physical care possession of children • Prohibit removal/concealment of child or appear with child (abduction threat) • Protect Property • Prohibit access to child records • Other injunctive relief

14. Plenary OP Form petition for EOP plays forward for Plenary and is served on Respondent If EOP granted; notice given for return date before or at 21 days; petition and EOP served on respondent for hearing on Plenary Plenary remedies (reflected on original petition) • Temporary custody • Child support • Money for medical or other expense losses • Confiscation of weapons • Counseling for respondent

15. Enforcement of OP Violation of Order of Protection (VOOP) • Misdemeanor crime if violates prohibition of abuse; exclusive possession; stay away Police are required to take a report or make an arrest Respondent has to have been served DV Court---alias summons are often necessary but police should still be called

16. Filing for an Order of Protection • Petition for Order of Protection • Affidavit (unique) • Summons • Sheriff’s Information Sheet • Domestic Relations Cover Sheet • Emergency Order of Protection (draft)

17. Petition Structure Basic information about parties • Establishes statutory relationship, venue, and jurisdiction over parties and minor children Allegations made as to specific remedies Remedies requested Special issues: • Filing on behalf of another • Confidential address • Minor children/paternity

18. Affidavit • Explains relationship; • Whether there are children in common • Incidents of abuse; • Need for OP • Emergency nature of the case We are going to go into greater detail regarding the interview and filling out the necessary paperwork

19. Administrative Details • Scheduled coverage • Sign in and daily outcome report • Cases will be linked to you by the Help Desk • Site orientation/shadowing/observation • DVLC mentoring • Final case outcome report